Agenda item

Fields 8456 7946 and 9744 Normanton Lane, Bottesford – Request to vary S106 Agreement

DEED OF VARIATION 17/00641/OUT OS Fields 8456 7946 And 9744, Normanton Lane, Bottesford

 

 

(a)  The Development Manager (LP) presented the report and stated that:

The purpose of this report is to consider amendments to the s106 agreement associated with this application that have been requested by the applicant and to invite the Committee to consider the applicant’s request to vary the section 106 currently in place to:

 

(i)            Operate the car park with a minimum charge to users of £1 to park for the day (previously no charge was intended).

The deed of variation was presented to members at the last committee of January 2019 whereby a request was made to allow both the charging element above and also a revision to the implementation time of the car park.

The request was refused and the request to amend trigger times is no longer proposed. 

Since the publication of the report, representation has been received with regards to the charging, and concern raised that no restriction on the amount that could be charged for parking should the applicant later wish to revise any previous references to one pound per day.

 

The wording of the revision is intended so that an application to vary is not required for every fee change in the years to come, however the wording can be amended should members feel this is necessary.  Copies of the representations have been given to members for consideration.

 

The request for the ability to charge would ensure that the car park can be suitably managed and maintained with the funding paying for such items as security measurements, the request is recommended for approval as per the report.

 

A Cllr asked for the proposer and seconder from the discussion last month to make comments.

 

Cllr Rhodes, who was the proposer, stated that he considers there no problem with charging, the problem was the issue was conflated with the timing of provision when they were previously submitted, and the proposal was rejected because of this. The carpark should come into operation after the addition of the 50^th house which was the original condition. Since this is now no longer an issue he did not have a problem with charging.

 

Cllr Botterill, who seconded the proposal, had concerns that it was not viable. He agreed with Cllr Rhodes.

 

A Cllr had concerns that the village would become congested with people parking elsewhere.

 

A Cllr had concerns that the £1 charge might increase too rapidly and the carpark would not be used.

 

A Cllr asked if the committee had the power to set the amount.

 

The Development Manager stated that the report reads “operate the carpark with a minimum charge to users of £1 to park for the day”. It is allowing the provision of charging as opposed to setting the rate.

 

A Cllr asked if there was reference to approval by Melton Borough Council so that we had a degree of control over the acceleration rate of fees in an earlier report.

 

The agent clarified that the report is proposing to amend the wording to read as follows: From the date that the new railway carpark is opened to the public to install a payment system of £1 (adjusted in accordance with the provisions set out in the surge schedule) per vehicle per day (unless otherwise agreed in writing by the borough council) for the use of the new railway carpark by the public and to thereafter recycle the receipt of funds for the safety, security and management of the new railway carpark and the public users.

 

The wording would secure that the charge is £1 but can be increased in line with national rate of inflation but any other increase would have to be agreed by Melton Borough Council.

 

A Cllr stated that if the land is left with no charge on then trespass and damages is difficult to take to civil court so may cause other antisocial issues. However if you are charging, it is easier to prove.

 

Cllr Rhodes proposed to accept the request.

 

Cllr Botterill seconded the proposal.

 

A vote was taken. 7 Members voted in favour of the proposal. 1 Member voted against and 1 Member abstained.

 

DETERMINATION: accept the applicants request as follows:

 

Amend Clause 5.7.4 of the s106 agreement to read as follows “From the date that the New Railway Car Park is opened to the public to install a payment system of £1 (adjusted in accordance with the provisions set out in the Third Schedule) per vehicle per day (unless otherwise agreed in writing by the Borough Council) for the use of the New Railway Car Park by the public and to thereafter recycle the receipt of funds for the safety, security and management of the New Railway Car Park and the public users.”